Chap. 60.—An ACT to Amend the 21st Section of an Act Passed March
the 38ist, 1860, entitled An Act to Amend an Act Incorporating the Town
of Portsmouthas a City, passed March 1st, 1858.

Approved February 2, 1872.

1. Be it enacted by the general assembly of Virginia, That
the twenty-first section of an act passed March thirty-first,
eighteen hundred and sixty, entitled an act to amend an act
incorporating the town of Portsmouth as a city, passed March
the first, eizhteen hundred and fifty-eight, be amended and re-
enacted so as to read as follows:

“321. The common council shall have power to pass all
laws, rules and ordinances, not repugnant to the constitution
and laws of the United States or of this state, which shall be
necessary for the good order and government of such persons
as shall from time to time reside within the limits of the city,
or Which shall be necessary to carry into effect any power, ca-
pacity, authority or jurisdiction which is or shall be vested in
said city, which they shall deem necessary for the peace, health
or safety of said city and its inhabitants, or the property there-
in, and to enforce any or all of their ordinances by reasonable
fines and penalties, not exceeding for any one offence the sum
of thirty dollars. They shall have and exercise all the powers,
franchises and immunities which were conferred upon the
mayor and council of the town of Portsmouth, by the general
assembly, prior to and not in conflict with the provisions of
this act. They shall have power to erect or purchase, as_ to
them may seem expedient, gas works for the use of said city,
and for this purpose to issue coupon bonds for a sum not ex-
ceeding one hundred thousand dollars, in sums of one hundred
dollars each, bearing interest at the rate of six per centum per
annum, payable semi-annually, and the principal payable at
such time and place as the said council shall prescribe, and
they are hereby authoyized to levy, assess and collect such
taxes as may be necessary for paying the interest and redeem-
ing the principal of any coupon bonds issued and negotiated
under the provisions of this section. They may also prescribe
such reculations as may be necessary for the management of
the said works and the preservation thereof, and for lighting
the streets, and charge for the use of their light: provided, that
the provision relating to the issue of coupon bonds for one
hundred thousand dollars, for the purpose of purchasing or
erecting gas works, shall not take effect until the same has
been submitted to a vote of the freeholders of said city and
approved by a majority of the same. All questions submitted
to the council of the city of Portsmouth for decision, and all
elections and appointments to be made by said council under
the provisions of its charter or any law of the state, shall be
determined by vote of a majority of the councilmen present:
provided, that in any case in which there shall be a tie vote of
said council upon any such question, appointment or election,
it shall be the duty of the president of said council to give the
casting vote, and thereby decide such question, appointment or
election, and any such decision, order, ordinance, election or
appointment so determined or made shall be as binding and
valid to all intents and purposes as if the same were deter-
mined, entered or made upon the votes of all, or a majority of
said council.”

2. At any regular meeting of the council, however, until
otherwise provided by law, six members may constitute a quo-
rum for the transaction of business, in the event a larger num-
ber be not in attendance: provided, that to make valid the action
of the council so constituted, the unanimous vote of all the
members present for or ayainst any proposition submitted for
decision shall be necessary to determine the same.

3. This act shall be in force from its passage.